%•■■■/ 



,-^^vc^^. <L^ c> ^^^^av^^* ^ 














0^ .->"». V ^4> .."• 







^' 











\/ ..'^1^=, 












*■, O 



^>*^^-2^' •^^MIM^^\ >^Q^ oV'^'^^lL^'* ^^<'^' 



*\o^ 







4 o 





•<^v _ „„, 







ii 



L.b - . 






/^ 



\ 



^ -/ o^^ K.^, Uv,,-^-^ SV-.to=, , V-_^ / 



f<-c. 



\ 



Gs''^^-^ 



I 












^::0^fSTtTlmK)N 

S|By=LAWS 

riilltary Orden of Foreign W^ars 

UNITED'^STATES 



NEW"^ORte COnffi^iSDERY 






i^mmm'^^ 



'imm 



-^ 











\ 



/ 



i>o 






a: 



\ 



OFFICERS OF 

/iDtlttar^ ©rDer of fovcm Mars 

OF TKE UNITED STATES. 
NEW YORK COMMANDERY. 



DAVID BANKS, - - 20 Murray Street, New York 

Vice- Co in mander. 
JAMES H. MORGAN, - 89 Liberty Street, New York 

Jzidge Advocate, 
FRANK M. AVERY. 
Treasurer, 
JOHN K. OLYPHANT, - 62 East 54th Street, New York 
Registrar, 
DWTGHT LATHROP ELMENDORF. 
Secretary^ 
ROBT. WEBB MORGAN, - 89 Liberty Street, New York 
Surgeon, 
CLARKSON CROSBY SCHUYLER, M.D. 
Chaplain, 
Rev. T. STAFFORD DROWNE, D.D. 
Companions 0/ the Council, 
General ALEXANDER S. WEBB, U.S.A., 
General FITZ JOHN PORTER, U.S.A., 
General JOHN P. HATCH, U.S.A., 
General GUSTAVUS W. SMITH, 

Colonel DELANCEY FLOYD-JONES, U.S.A 
Colonel JOHN C. CALHOUN, 

Lieutenant IRVING M. AVERY, U.S.V., 
Hon. CHARLES H. MURRAY, 

MATURIN L. DKLAFIELD, Jr. 



StanMncj Comniltteci?, 



COMMITTEE ON COMPANIONSHIP. 

General ALEXANDER S. WEBB, 

Colonel DELANCEY FLOYD-JONES, 
JAMES HENRY MORGAN, 

HENRY ANTHON BOSTWICK, 

GEORGE LIVINGSTON NICHOLS. 



COMMITTEE ON NOMINATIONS. 

WILLIAM LINN KEESE, 

General FRANCIS E. PINTO, 

Lieutenant IRVING M. AVERY, 

MARSHALL B. STAFFORD, 

General ALEXANDER S. WEBB. 



PREAflBLE. 

IV/ierens, In the providence of God, victory crowned 
the efforts of the forces engaged in establishing and 
maintaining the principles contended for by the Amer- 
ican Colonies of Great Britain and, later, by the 
United States of America against foreign foes, in the 
conflicts known as : 

THE WAR OF THE REVOLUTION. 
THE WAR WITH TRIPOLI, 
THE WAR OF 1812 ; and 
THE MEXICAN WAR. 

Therefore, The MILITARY Order of Foreign 
Wars of the United States, New Yokk Com- 
MANDERY, has been instituted to honor and per- 
petuate the names of brave and loyal men ; to keep 
in mind the memory of their glorious deeds and the 
victories which they helped to gain ; to strengthen 
the ties of fellowship among the Companions of the 
Order; to foster the cultivation of Military and Naval 
Science ; and to maintain National Honor, Union 
and Independence. 



4 

INSTITUTION. 



Military and Naval Order 

OF THE 

United States, 

IN THEi STAT3S OF" NBi^A^ YORK. 



DECLARATIOM. 

Whereas, In the providence of God victory crowned 
the efforts of the forces engaged in establishing and 
maintaining the principles contended for by the 
American Colonies of Great Britain and later by the 
United States of America in the conflicts known as : 
The War of the Revolution. 
The War of 1812. 
The War with Tripoli and 
The Mexican War against foreign foes ; and 
IVhereas, The Military and Naval Order of the 
United States in the State of New York, has been 
instituted to honor and perpetuate the names of brave 
and loyal men, to keep in mind the memory of their 
glorious deeds and the victories which they helped to 
gain ; to strengthen the ties of fellowship among the 
Companions of the Order, to foster the cultivation of 
Military and Naval Science, and to maintain National 
Honor, Union and Independence. Now, we Compan- 
ions of the Order, do hereby declare upon honor that 



we and each of us will use our efforts to promote the 
purposes of this Order, and will observe the Constitu- 
tion and By-Laws of the same, and will support the 
Constitution of the United States of America. 

Charter Members. 
December 27, 1894. 
Signed. 

FiTZ John Porter, Representing War 18 12 and 

Veteran of the Mexican War. 
Francis Effingham Pinto, Veteran Mexican War. 
James Henry Morgan, Representing War 1812. 
Frank Montgomery Avery, Representing Revolu- 
tionary War. 
Robert Webb Morgan, Representing War 1812. 
David Banks, Representing Revolutionary War, War 

1 8 12 and Mexican War. 
Thomas Stafford Drowne, D.D., Representing 

Revolutionary War. 
George W. Olney, Representing Revolutionary War 

and War 1812. 
John Porter Hatch, Veteran of the Mexican War. 
John C. Calhoun, Representing Revolutionary War. 
Maturin L. Delafield, Jr., Representing War 1812. 
William Linn Keese, Representing Revolutionary 

War. 
DeLancey Floyd-Jones, Veteran Mexican V/ar. 
Charles H. Murray, Representing Revolutionary 

War and War 181 2. 
Egbert L. Viele, Veteran Mexican War. 



Marshall B. Stafford, Representing War 1812. 
GusTAVUS W. Smith, Veteran Mexican War. 
Alexander S. Webb, L.L. D., Representing Revo- 
lutionary War. 
Irving M. Avery, Representing Revolutionary War. 

Whereas, The Institution of the Military and 
Naval Order of the United States in the State of 
New York, is herewith instituted by Veteran Officers 
and Direct Male Lineal Descendents in the Male line 
of Veteran Officers in the War of the Revolution ; 
War of 1812 ; War with Tripoli and the Mexican 
War. 

Therefore be it Resolved, By the unanimous vote of 
all present at this adjourned meeting, held for the 
organization of said Order, that 
Moses Cleveland of Dubuque, Iowa, Veteran of the 
War of 1812 and son of Colonel Augustine Cleve- 
land, Veteran of the War of 1812. 
Dyer Pierck of Belvedere, Boone County, Illinois ; 
Ensign and Veteran of the War of 1812, and 
MiCHAKL Moore, lieutenant U. S. A., Veteran of 
the War 1812, be and they hereby are constituted 
and entitled Veteran Companions of this Order. 

Further Resolved, That said three Veteran Com- 
panions be and hereby are made exempt from pay- 
ment of initiation fees, and annual dues respectively. 

Further Resolved, That this Resolution receive the 
signatures of each Companion of the Order present 



and be incorporated and attached to and made a part 
of this Institution. 

Further Resolved, That a certified copy of the Insti- 
tution and Resolution thereto attached be forwarded 
to said Moses Cleveland, Ensign Dyer Pierce and 
Lieutenant Michael Moore, executed and counter- 
signed by the proper Officers of the Military and Naval 
Order of the United States in the State of New York. 

Done at a meeting in the City of New York, Janu- 
ary 10, i8g5. 

(Signed.) 

Alexander S. Webb, Brevt. -Major General, U. S. 

Army, Chairman. 
FiTZ John Porter, Colonel and Brevt. -Brig.-Gen- 

eral, U. S. Army. 
John P. Hatch, Colonel and Brevt. -Brig. -General, 

U. S. Army. 
Irving M. Avery, Lieutenant and Quartermaster, 

N. Y. S. Vol. 
Maturin L. Delafield, Jr. 
James H. Morgan, 
GusTAVus W. Smith, Major-General. 
Frank M. Avery. 

Egbert L. Viele, Brigadier-General, U. S. V. 
John C. Calhoun, Capt. 
George W. Olney. 

DeLancey Floyd-Jones, Colonel, U. S. A. 
Charles H. Murray. 



CERTIFICATE OF INCORPORATION 

OF THE 

i^ilitnv^ an^ fla\?al ®vt>ct of tbe 'CliutcD States 

IN THE STATE OF NEW YORK. 



State of New York, ) 

City and County of New York i ^^"' 

We, Frank Montgomery Avery, James Henry 
Morgan, Robert Webb Morgan, David Banks, Irving 
Montgomery Avery, John Porter Hatch, Fitz John 
Porter, Alexander S. Webb, Maturin L. Delafield, Jr., 
Gustavus W. Smith, John C. Calhoun, Egbert L. 
Viele, George W. Olney, De Lancey Floyd-Jones, and 
Charles H. Murray being all of full age and citizens 
of the United States, and a majority being citizens of 
the State of New York and resident therein, being 
desirous of associating ourselves together and of form- 
ing ourselves into a society for patriotic and social 
purposes, as hereinafter more particularly set forth, 
pursuant to and in conformity with an Act of the 
Legislature of the State of New York, passed May 12, 
1875, entitled : " An Act for the Incorporation of 
Societies or Clubs for certain lawful purposes," and 
the several Acts of the said Legislature amending and 
extending the same, do hereby certify and declare : 



FIRST. 
That the corporate name by which said Society shall 
be known and distinguished in law is and shall be 

Military and Naval Order of the United States 
IN THE State of New York. 

SECOND. 
That the particular business and objects of said 
Society are patriotic and social, and are as follows, 
viz : to perpetuate the names and memory of brave 
and loyal men who took part in establishing and 
maintaining the principles of the Government of the 
United States in the vrars known as 

The War of the Revolution, 

The War of 1812, 

The War with Tripoli, and 

The Mexican War ; 
to promote a feeling of fellowship among its meml>ers: 
to preserve records and documents relating to said 
wars, and to celebrate the anniversaries of historic 
events connected therewith. 

THIRD. 
That the number of managers of said Society to 
manage the same shall be fifteen ; and that the names 
of said managers for the first year of its existence are 
Frank Montgomery Aver}', James Henry Morgan, 
Robert Webb Morgan, David Banks, Irving Mont- 



10 



gomery Avery, John Porter Hatch, Fitz John Porter, 
Alexander S. Webb, Maturin L. Delafiekl, Jr., Gus- 
tavus W, Smith, John C. Calhoun, Egbert L. Viele, 
George W. Olney, De Lancey Floyd-Jones and Charles 
H. Murray. 

FOURTH. 

That the principal office of said Society shall be in 
the City of New York, in the County and State of 
New York. 

In Witness Whereof we have hereunto set our 
hands and affixed our seals, in duplicate, this twenty- 
seventh day of December in the year one thousand 
eight hundred and ninety-four. 

FRANK MONTGOMERY AVERY, [l. s.] 

JAMES HENRY MORGAN, [l. S.] 

ROBERT WEBB MORGAN, [u s.] 

DAVID BANKS, [l. s] 

IRVING MONTGOMERY AVERY, [l. s,] 

JOHN PORTER HATCH, [l. s.] 

FITZ JOHN PORTER, [l. s.J 

ALEXANDER S. WEBB, [l. s.] 

MATURIN L. DELAFIELD, Jr., [l. s.] 

GUSTAVUS W. SMITH, [l- s.] 

JOHN C. CALHOUN, II. s.] 

EGBERT L. VIELE, [l. s.] 

GEORGE W. OLNEY, [l. s.] 

DE LANCEY FLOYD-JONES, [l. s.] 

CHARLES H. MURRAY. [l. sJ 



11 

State of New York, 



On this twenty-seventh day of December, in the 
year one thousand eight hundred and ninety-four, be- 
fore me personally came Frank Montgomery Avery, 
James Henry Morgan, Robert Webb Morgan and 
David Banks to me known and known to me to be 
four of the individuals described in and who executed 
the foregoing instrument and they respectively signed 
the same before me and they severally acknowledged 
that they executed the same for the purpose therein 
mentioned. 

Stephen VV. Linington, 

Notary Public^ Kivgs County. 
Certificate filed in New York County. 



State of New York, / 

City and County of New York ^^^" 

On this tenth day of January, in the year one 
thousand eight hundred and ninety-live, before me 
personally came Irving Montgomery Avery, John 
Porter Hatch, Fitz John Porter, Alexander S. Webb 
Maturin L. Delafield, Jr., and Gustavus W. Smith to 
me known and known to me to be six of the individuals 
described in and who executed the foregoing instru- 
ment and they respectively signed the same before me 



13 



and they severally acknowledged that they executed 
the same for the purposes therein mentioned. 
Stephen W. Linington, 

Notary Public^ Kings County^ 
Certificate filed in New York County. 



State of New York, , ^^ . 



■\ 



City and County of New York 

On this eleventh day of January, in the year 
one thousand eight hundred and ninety-five, before 
me personally came John C. Calhoun, Egbert L. Viele 
and George W. Olney to me known and known to me 
to be three of the individuals described in and who 
executed the foregoing certificate and they respectively 
signed the same before me and they severally acknowl- 
edged that they executed the same for the purposes 
therein mentioned. 

Stephen W. Linington, 

Notary Public, Kings County. 
Certificate filed in New York County. 



State of New York, ) ^^ . 

City and County of New York f * ' 

On this twelfth day of January, in the year one 
thousand eight hundred and ninety-five, before me 
personally came De Lancey Floyd-Jones and Charles 



13 

H. Murray to me known and known to me to be two 
of the individuals described in and who executed the 
foregoing certificate and they respectively signed the 
same before me and they severally acknowledged that 
they executed the same for the purposes therein 
mentioned, 

Stephen W. Linington, 

Notary Public, Kings County. 
Certificate filed in New York County. 



I hereby approve of the Incorporation of the 
"Military and Naval Order of the United 
States in the State of New York" and consent 
that the within certificate be filed. 

(Signed) Geo. C. Barrett, 

/. S. C. 
New York City, January 14th, 1895. 



CHANGE OF TITLE. 
At a Special Term of the Supreme Court of the 
State of New York held at the County Court House 
in the City of New York, on the 21st day of June, 
1895. Present. 

Hon. Edward Patterson, Justice. 

In the matter of the application of the "Military 
and Naval Order of the United States in the State of 
New York," for leave to change its corporate name. 



14 

to '^MILITARY ORDER OF FOREIGN WARS 
OF THE UNITED STATES;" NEW YORK 
COMiMANDERY. 

Upon reading and filing Petition of the ""Military 
and Naval Order of the United States in the State of 
New York," a domestic corporation, duly verified by 
David Banks, Commander, being the presiding officer 
of said Corporation on the 6th day of May, 1895, 
pursuant to a resolution of the Board of Directors 
of the said Corporation and on all papers and pro- 
ceedings in this matter, and upon filing the certificate 
of the Secretary of State, annexed to the petition, 
certifying that the name Military Order of Foreign 
Wars of the United States ; New Y'ork Commandery, 
is not the name of any other domestic corporation or 
a name which he deems so nearly resembling such 
name as to be calculated to deceive, and upon filing 
due proof by affidavit showing that the notice of the 
representation of said petition has been duly published 
as required by law, once in each week, for six succes- 
sive weeks, immediately prior to the presentation of 
the petition herein, in the New York Law Jotirnal 
and in the New York Tribune, two daily newspapers, 
published in the City and County of New York, where 
said Corporation has its business office, and the Court 
being satisfied by said petition and by affidavit and 
certificate presented therewith, that the petition is 
true and that there is no reasonable objection to the 
change of name proposed and that the petition has, 



15 



been duly authorized and that notice of the presenta- 
tion of the petition as required by law has been made. 
Now, on motion of Phillips & Avery, Attorneys for 
said petitioners, no one opposing, it is 

Ordered, That the prayer of the said petitioner be 
and the same hereby is granted, and that the petitioner, 
Military and Naval Order of the United States in the 
State of New York be, and it hereby is authorized to 
assume another corporate name, to wit: the name 
MILITARY ORDER OF FOREIGN WARS OF 
THE UNITED STATES, NEW YORK COM- 
MANDERY, on and after the 22d day of July, 1895, 
and it is further 

Ordered, That this order be entered and all papers 
on which it is granted be filed, within ten days from 
the date hereof, in the office of the Clerk of the City 
and County of New York where the certificate of 
incorporation of said corporation is filed, and that a 
certified copy of this order, within ten days after the 
entry thereof be filed in the office of the Secretary of 
State of the State of New York, and it is further 

Ordered, That within ten days after the entry of this 
order, a copy of same be published once in each week 
for four successive weeks in the New York Lazo Jour- 
nal, a newspaper published in the City and County of 
New York, beginning within ten days after the entry 
hereof. (Signed.) A copy, 

Henry D. Purroy, Clerk. 

[Seal.] 



CONSTITUTION 



ARTICLE I. 

NAME. 

This society shall be known as the " Military 
Order of Foreign Wars of the United States." 
New York Commandery. 

ARTICLE IT. 
principles. 

This Order acknowledges as its fundamental prin- 
ciples : 

Firs/ — A firm belief and trust in Almighty God, 
extolling Him under whose benevolent guidance the 
principles contended for have been secured and the 
blessing of civil liberty established. 

Second — True allegiance to the United States of 
America, based upon a paramount respect for and 
fidelity to the National Constitution and Laws. 

ARTICLE III. 

COMPANIONSHIP. 

Section I. Any male person, above the age of 
twenty-one years, a citizen of the United States, of 
good moral character and reputation, shall be eligible 
to Companionship in this Order, upon further qualify- 



17 

ing as hereinafter provided. Members shall be known 
as "Companions," and shall be either "Veteran 
Companions"; or " Hereditary Companions." 

VETERAN COMPANIONS. 

Section II. These shall be Commissioned Ofncers 
in the Army, Navy or Marine Corps of the United 
States or honorably discharged therefrom, who did 
active field, garrison or naval duty in any of the 
wars designated in Section IV of this Article, as a 
soldier, sailor or marine in the service of one of the 
States or of the United States ; and also persons who 
did such active field, garrison or naval duty, in any 
of said wars, as Commissioned Ofiicers therein, and 
who received their commissions by direct act of either 
Federal or State authority and who were honorably 
discharged from service. 

HEREDITARY COMPANIONS. 

Section III. These shall be the direct male lineal 
descendants, in the male line, of any Veteran Com- 
panion ; Provided, that in case any Veteran Com- 
panion has no direct male lineal desendant, he shall 
have the privilege of nominating as his representative 
and successor, a brother or a nephew of the same 
family name, and also the direct male lineal descend- 
ants, in the male line, of a Commissioned Officer, as 
the Propositus, who performed active field, garrison or 
naval duty, as a Commissioned Officer, in any of said 



IS 



wars, and who received his eommission by direct act 
c4 one of the thirteen original Colonies, or of Vermont^ 
or of the Continental Congress, or of one of the States^ 
or of the United States. 

Provided, That such Propositus remained always 
loyal to his cause and vras either killed or died in 
service, or was honorably discharged therefrom, and 

Provided, That when the claim to eligibility is based 
upon the service of an ancestor in the "Militia," it 
must be satisfactorily shown that such auicestor was 
actually called into the service of one of said thirteen 
oiiginal Colonies, or of Vermont, or of the Continental 
Congress, or of one of the States, or of the United 
States, and performed garrison or field duty, and 

Provided, That when the claim to eligibility is 
based upon the service of an ancestor as a " Naval or 
Marine Officer,'' it must be satisfactorily shown that 
such service was regularly performed in the Continental 
Navy, or in the Navy of one of the thirteen original 
Colonies,, or of Vermont, or of one of the States, or 
of the United States, or on an armed vessel, other 
than a merchant ship, which sailed under letters of 
marque and reprisal,, and that such ancestor was duly 
enrolled in the ship's company as a Commissioned 
Officer. 

Section IV. Such service must be satisfactorily 
shown to have been performed in one of the following. 



19 

THE WAR OF THE REVOLUTION, between 
the 19th day of April, 1775, and the 19th day of April, 
1783; 

THE WAR WITH TRIPOLI, between the loth 
day of June, 1801, and the 4th day of June, 1805 ; 

THE WAR OF 1812, between the i8th day of 
June, 1812, and the i8th day of February, 1815 ; 

THE MEXICAN WAR, between the 9th day of 
May, 1846, and the 4th day of July, 1848. 

Section V. No applicant shall be admitted to 
Companionship in this Order who is not judged to be 
worthy of becoming a supporter and Companion 

thereof. 

Section VI. The President of the United States ; 
Ex-Presidents of the United States ; General Officers 
of the Army of the United States, not below the rank 
of Major General ; Flag Officers of the Navy of the 
United States, not below the rank of Rear Admiral, 
shall alone be eligible to honorary Companionship in 
this Order ; and, when admitted, shall be known as 
"Honorary Companions." 

Section VII. No amendment of this Article, or 
of any Section thereof, relaxing the spirit or letter of 
the rule governing the requirements for eligibility to 
Companionship in this Order, shall be in any way 
effectual unless the same shall have received, before 
its passage, the consent, in writing of three-fourths of 



20 

all the Veteran and Hereditary Companions of the 
Order in good standing, and shall have been adopted 
at a regular meeting of the Order, after such consents 
shall have been filed with the Secretary. 

ARTICLE IV. 

ORGAN IZ ATION. 

Section I. The Military Order of Foreign Wars 
©f the United States shall be composed of a National 
Commandery and State Commanderies. 

Section II. There shall be but one Chapter of the 
Military Order of Foreign Wars of the United States, 
in any State, and the same shall be known as Com- 
mandery, each Commandery being designated by the 
name of the respective State. The District of Col- 
umbia shall be regarded as a State within the meaning 
of the term when used in this Constitution in reference 
to State Commanderies. The relative seniority of the 
several State Commanderies shall be determined by the 
respective dates of their institution. 

Section III. For the purpose of forming the Na- 
tional Commandery of the Military Order of Foreign 
Wars of the United States, the Military Order of 
Foreign Wars of the United States, New York Com- 
mandery, shall have power to authorize duly admitted 
Companions of the Order to form co-ordinate Com- 
manderies in their respective States upon the applica- 
tion of nine or more Companions, and to take such 



21 



proceedings as may be necessary for the due and legal 
institution, incorporation or existence of the same. No 
State Commandery shall, at any time, adopt any rule 
of eligibility for Companionship other than set forth 
in Article III above. As soon as State Commanderies 
shall have been formed in three States, the Officers 
thereof shall meet and proceed to form and organize 
the National Commandery of the Military Order of 
Foreign Wars of the United States. The Constitu- 
tion of the National Commandery of the Military 
Order of Foreign Wars of the United States shall not 
contain any rule of eligibility for Companionship other 
than that set forth in Article III, above. 

ARTICLE V. 

ADMISSION OF COMPANIONS. 

Section I. Every application for Companionship 
in this Order shall be made in writing, upon the 
official blank, in duplicate, upon affidavit, subscribed 
by the applicant, who shall be nominated and approved 
by at least two Companions of the Order over their 
signatures, and shall be accompanied by a letter, 
written by one of the nominators, vouching for the 
personal worthiness of the applicant 

Seciion it. Applications must contain full and 
sufficient proof of eligibility, satisfactory to the Com- 
mittee on Companionship, who shall carefully investi- 
gate the same and report at the next Meeting of the 



of the Council their recommendation thereon. Com- 
panions shall be elected by vote of the Council of the 
Order. One negative vote in five of the ballots cast 
shall cause a rejection of the applicant. Payment of 
the initiation fee and annual dues and subscription 
to the Declaration specified in the Constitution of the 
Oider^ shall be a prerequisite of Comi>anionship» 

ARTICLE VI. 

DECLARATION. 
Every Companion of this Order shall declare upon 
lionor that he will use his best efforts to promote the 
purposes of the Order and that he will observe the 
Constitution and By-Laws of the same and shall further 
declare that he will support the Constitution of the 
United States. Such declaration shall be either written 
in a book kept for that purpose or printed upon the 
application blanks for Companionship and shall be 
siibscribed by tlie Companion making the same. 

ARTICLE VIL 

INSTITUTION CONSIDERED. 

At every Meeting the principles and purposes of 
the Order shall be carefully considered and the best 
means to promote tliem adopted, no question how- 
ever, involving any religious matter or the party poli- 
tics of the day within the United States, shall ever be 
discussed at any Meeting of the Order. 



23 

ARTICLE VIII. 

OFFICERS. 

The Officers of the Military Order of Foreign Wars 
of the United States, New York Commandery shall be 
a Commander, a Vice-Commander, a Judge Advocate, 
a Secretary, a Deputy Secretary, a Treasurer, a Reg- 
istrar, a Surgeon and a Chaplain, who shall be chosen 
by ballot, at every Annual Meeting, from among the 
Companions of the Order, and who shall, with the 
exception of the Surgeon and the Chaplain, be ex-officio 
Companions of the Council. The Officers shall hold 
office for the period of one year, or until their suc- 
cessors are duly elected. 

ARTICLE IX. 

COMPANIONS OF THE COUNCIL. 
There shall be a Council or Board of Managers con- 
sisting of eight Companions in addition to the seven 
ex-officio Companions, who shall be elected at every 
Annual Meeting. 

ARTICLE X. 

COMMITTEE. 
There shall be a Committee on Companionship, 
consisting of five Companions, who shall be elected at 
every Annual Meeting of the Order. 

The Order shall at every Annual Meeting of the 
Order, appoint or name five Companions to act as a 



24 

Nominating Committee, and who, one month before 
the next ensuing Annual Meeting, shall report a list of 
names to be voted at such next ensuing Annual Meeting 
to fill the vacancies in office and Committees above 
described. The names and the offices and positions 
for which such persons are nominated shall be sent to 
the Companions two weeks before the election. 

ARTICLE XI. 

COMMEMORATION. 

It shall be a standing regulation that the Companions 
of the Order shall, when practicable, hold a commem- 
orative celebration and dine together at least once a 
year. 

ARTICLE XII. 

SEAL. 

The Seal of the Order shall be two and one-half 
inches in diameter and shall be as follows : 

In the center a Shield and within same an Anchor 
and two Crossed Swords ; .surrounding the Shield 
in the field Thirteen Stars ; above a ribbon bearing 
the motto of the Order : " Deus et Libertas." 
Below, in the field the words, "New York Com- 
mandery." The whole encircled by a band, corded 
on the outer edge, bearing the words: "Mihtary 
Order of Foreign Wars of the United States,'' and 
upon the band, at the bottom of the same, tlie figures 
"1894." 



ARTICLE XIII. 

INSIGNIA OR STAR OF THE ORDER. 

The Insignia or Star of the Order shall be an order 
or badge, pendant by a laurel wreath and ring of gold 
from a ribbon; which badge or order shall be as 
follows : 

Obverse— K red enameled star of eight points, each 
star-point edged and divided by a line of gold ; and 
between each two star-points, rays of burnished gold, 
joined, and ending in a point ; and in the center an 
eagle of raised and chased gold with extended wings. 

Reverse— '^\.2ss and rays the same. In the center 
within a circular band of blue enamel, edged with gold, 
and bearing in gold, the motto.* '' Deus et Libertas," 
an anchor and crossed swords upon a field of red. 

The ribbon shall be of watered silk, ribbed, one 
inch and one-half in width and one inch and one- 
half displayed length, of buff, bordered with blue and 
edged with red ; the border and edge to be respect- 
tively, one-eighth of an inch in width. 

The order shall be worn by Companions, conspic- 
uously, and only on the left breast, on all occasions 
when they assemble as such for any stated purpose or 
celebration, except that Veteran Companions, Officers 
and Past-Officers of the Order may wear the Insignia 
suspended by the ribbon around the neck. 

The Order or Insignia may also be worn by Com- 
panions on all occasions of ceremony in which tliey 



may participate in an official capacity and upon other 
occasions where by recognized custom and usage the 
wearing of such Insignia is appropriate. 

The Order shall never be worn except in the manner 
and under the conditions herein prescribed, nor shall 
the ribbon be displayed separately, nor shall the star 
he worn as an article of jewelry. 

No Companion shall receive more than one star 
of the Order, unless to replace one the loss of which 
shall first be satisfactorily established. 

On occasions other than Meetings for a stated 
purpose or celebration, Companions may wear a 
rosette of the prescribed ribbon and pattern in the 
upper button-hole of the left lapel of the coat. 

The Treasurer of the Order shall have the custody 
of and issue the Insignia, and shall keep a record of 
all of same issued by him. 

ARTICLE XIV. 

AMENDMENTS. 

No alteration or amendment of this Constitution 
shall be made, unless notice shall have been given in 
writing, signed by the Companion proposing the same, 
at a previous regular meeting. No amendment shall 
be made unless adopted by a two-thirds vote of the 
Companions of the Order in good standing, by a vote 
in person or by written proxy at a meeting voting upon 
the same. 

This Article shall not apply to amendments of 
Article III, which contains its own amendatory clause. 



I 






3 



1 



Military Order of Foreign Wars 

OF THE 

United States. 

NEW YORK COMMANDERY. 

BY-LAWS. 

SECTION I. 

INITIATION FEE, ANNUAL DUES AND CONTKIBUTIONS. 

The initiation fee shall be Ten Dollars. The annual 
clues shall be Three Dollars, which shall be payable 
on or before the first day of January in every year. 
The payment at one time of Fifty Dollars shall there- 
after exempt the Companion so paying from payment 
of annual dues. Any Companion who shall contribute 
Two Hundred and Fifty Dollars to the " Permanent 
Fund" of the Order shall be exempt from the pay- 
ment of annual dues, and this exemption shall extend 
in perpetuity to his lineal successors in Companion- 
ship from the same propositus, one at a time, who may 
be selected for such exemption by the Council of the 
Order. 

SECTION II. 

PERMANENT FUND. 

There shall be a "Permanent Fund" to be derived 



from contributions, and which shall remain forever to 
the use of the Order, the income only of which shall be 
expended. 

SECTION III. 

COMMANDER. 

The Commander, or in his absence the Vice-Com- 
mander, or in liis absence a Chairman pro tempore^ 
shall preside at all Meetings of the Order and of the 
Council, and shall exercise the usual functions of a 
presiding officer, under general parliamentary rules, 
subject to an appeal to the Order, in proper cases 
under such rules. The Commander shall be, ex-officio, 
a member of all Committees other than the Committee 
on Nominations and Committee on Companionship. 

He shall have the power to convene the Council at 
his discretion, or upon the written request of live Com- 
panions of the Order, or upon like request of two 
Companions of the Council, and to appoint the place 
of such Meeting when called by him. 

He shall also perform such other representative 
duties on behalf of the Order, either personally or by 
correspondence as the Order or the Council may find 
desirable or necessary, or as customarily appertain to 
his office ; and he shall enforce a stiict observance of 
the Constitution and By-Laws of the Order. 

In case of his decease, resignation, neglect to serve 
or inability from any cause to act as Commander, the 
duties of the office shall devolve on the Vice-Corn- 



29 

mander until the vacancy caused by such decease, 
resignation or neglect to serve shall be filled, or until 
his inability shall cease. 

SECTION IV. 

VICE-COMMANDER. 
The Vice-Commander shall preside at all meetings 
of the Order and of the Council in the absence of the 
Commander, and shall in such case exercise the usual 
functions of a presiding officer under general parlia- 
mentary rules, subject to an appeal to the Order, in 
proper cases under such rules ; and shall perform the 
duties customarily appertaining to his office in case of 
the decease, resignation, neglect to serve, or inability 
from any cause of the Commander to act until the 
vacancy caused by such decease, resignation or neglect 
to serve, shall be filled or until the inability shall cease. 

SECTION V. 

JUDGE ADVOCATE. 
The Judge Advocate shall be an Attorney at Law of 
at least ten years' standing, and it shall be his duty to 
give legal opinion upon questions of law for the benefit 
of the Order when called upon so to do by the Com- 
mander or by the Council. He shall represent the 
Order at every Meeting of the Council called to con- 
sider charges preferred against any Companion looking 
toward the expulsion or suspension of such Companion. 



30 
SECTION VI. 

SECRETARY. 

The Secretary shall conduct the general correspond- 
ence of the Order, and shall keep a record thereof. 
He shall notify all elected Candidates of their election 
and shall perform sucli other duties as tlie Order or his 
office may require. He shall have charge of the Seal, 
Certificates of Incorporation, By-Laws, Historical and 
other records of the Order other than those required 
to be deposited with the Registrar, and shall affix the 
seal to all properly authenticated certificates of Com- 
panionship to whom they may be issued. 

He shall notify the Registrar and the Treasurer of 
all admissions to Companionship. He shall certify all 
acts of the Order and where required authenticate them 
under seal. He shall have charge of the printing and 
o( the publications issued by the Order. He shall 
give due notice of the time and place of the holding 
of all Meetings of the Order and of the Coun- 
cil, and shall incorporate in such notice the names 
of all applicants for Companionship to be voted 
for at such meetings of the Council, and shall 
be present at the same. He shall keep fair and 
accurate records of all the proceedings and orders 
of the Order and of the Council, and shall give notice 
to each officer who may be affected by them, of all 
votes, resolutions and proceedings of the Order or 
of the Council, and at the Annual Meeting: or oftener. 



31 

sliall report the names of those Candidates who have 
been admitted to Companionship, and of those whose 
resignations have been accepted, and of those Com- 
panions who have been expelled for cause or dropped 
from the roll for failure to substantiate claim of 
descent. In his absence from any cause, the Deputy- 
Secretary shall act. 

SECTION VII. 

DEPUTY-SECRETARY. 

The Deputy-Secretary shall perform the duties of 
Secretary at such times and to such extent as may be 
designated by the Secretary ; and shall also act as 
Secretary at any Meeting of the Order or of the 
Council from which the Secretary may be absent. 

SECTION VIII. 

TREASURER. 

The Treasurer shall collect and keep secure the funds 
and securities of the Order ; and as often as such funds 
shall amount to one hundred dollars, they shall be 
deposited in some Bank in the City of New York, 
which shall be designated by the Council, to the credit 
of the Military Order of Foreign Wars of the United 
States, New York Commandery, and such funds shall 
be drawn thence on the check of the Treasurer for the 
purposes of the Order only. Out of these funds he 
shall pay such sums only as may be ordered by the 
Order or the Council, or such as the purposes of his 



m 



office may require. He shall keep a true account of 
his receipts and disintrsements, and at each Annual 
Meeting shall render the same to the Order. 

He shall have the charge and issuance of the Insignia 
of the Order ; keeping an accurate record of the same 
in the book for that purpose. 

For the faithful performance of his duties he may be 
required to give such security as the Order may deem 
proper. 

SECTION IX. 

KEGISTUAR. 

The Registrar shall receive from the Secretary, file 
and keep all the proofs upon which Companionship 
shall have been granted ; declarations of Companions 
on admission of adherence to the Constitution and 
By-Laws of the Order, together with a list of all 
diplomas countersigned by him and all documents, 
rolls or other evidences of service in the War of the 
Revolution, the War with Tripoli, the War of 1812 
and the Mexican War of which the Order may become 
possessed ; and he, under direction of the Council, 
shall make or cause to be made for filing in his office, 
copies of such original or certified documents as the 
owners thereof may not be willing to leave permanently 
in the custody of the Onler. 

SECTION X. 

SURGEON. 

The Surgeon shall be a practicing physician. 



83 
SECTION XI. 

CHAPLAIN. 
The Chaplain shall be a regularly ordained minister 
of a Christian denomination, and it shall be his duty to 
open and close all Meetings with customary services, 
and to perform such other duties as ordinarily appertain 
to such office. 

SECTION XII. 

COMPANIONS OF THE COUNCIL. 

The Council shall judge of the qualifications of every 
candidate who shall make proper application for 
admission to the Order, and shall have power to 
admit such candidate to Companionship therein, if 
found eligible under the Constitution of this Order. 
One negative vote in five shall cause a rejection of 
the applicant. The Council may, through the Secre- 
tary, call Special Meetings of the Order at such times 
as they may see fit ; and they shall arrange for Com- 
memorative celebrations by the Order. 

They shall generally superintend the interests of the 
Order and shall have the control and management of 
its affairs and funds. 

They shall also perform such duties as may be 
prescribed by the Constitution and By-Laws of the 
Order, or required by any standing rule or resolve of 
the Order, provided however, that they shall at no 
time be required to take any action, nor contract any 
debt for which they may be jointly or severally liable. 



34 

They shall be competent to consent to and to accept 
the resignation or voluntary withdrawal from Com- 
panionship of any enrolled Companion of the Order. 
They may require the attendance of any Companion 
of the Order or any Officer or Committee thereof, at 
any Meeting for consultation and advice. The Council 
shall meet as often as the Companions thereof may 
desire ; and shall also meet at the call of the Com- 
mander, or upon the written request of any two Com- 
panions of the Council, addressed to the Secretary. 

A majority of the Council shall be a quorum for the 
transaction of business. At every Annual Meeting of 
the Order the Companions of the Council shall submit 
a general report of their proceedings during the year 
then closing ; and shall also submit such report at such 
other time as may be required by the Order. 

SECTION XIII. 

VACANCIES AND TERMS OF OFFICE. 

Wlienever an Officer of this Order shall die, resign, 
neglect to serve, or be suspended, or become unable 
to perform his duties by reason of absence or other 
cause, and whenever an office shall be vacant which 
the Order shall not have filled by an election, the 
Council shall have power to appoint a Companion to 
such office pro te»ipo?-e^ who shall act in such capacity 
until the Order shall elect a Companion to the vacant 
office, or until the disability due to such absence or 



35 



other cause shall cease, provided however, that ro 
Commander pro tempore shall be appointed by the 
Council while there shall be a Vice-Commander to 
discharge the duties thereof ; and no Secretary pro 
tempore shall be appointed while there is a Deputy- 
Secretary to act. The Council may supply vacancies 
among the Companions thereof under the same con- 
ditions and may elect duly enrolled Companions of the 
Order to fill such vacancies. Subject to these pro- 
visions all Officers and all Companions of the Council 
shall from the time of their election continue in their 
respective offices until the next Annual Meeting of 
the Order or until their successors are duly elected. 

SECTION XIV. 

RESIGNATION. 

No resignation of any Companion shall become 
effective unless consented to by tlie Council. 

SECTION XV. 

DISQUALIFICATION. 

No person who may be enrolled as a Companion of 
this Order shall be permitted to continue in Compan- 
ionship therein where his proof of eligibility shall be 
found to be defective. 

The Council, after thirty days' notice to such Com- 
panion to substantiate his claim, and upon his failure 
satisfactorily so to do, may require the Secretary to 



erase his name from the roll. The said person shall 
have a right to appeal to the Order at its next Meeting 
or at the Annual Meeting thereof. If such appeal 
shall be sustained by a two-thirds vote of the Com- 
panions present at such meeting, the name of said 
Companion shall be restored to the Companionship 
roll. 

SECTION XVI. 

COMMITTEE ON COMPANIONSHIP. 

The Committee on Companionship shall consist of 
five Companions. They shall be chosen by ballot at 
the Annual Meeting of the Order and shall be elected 
for the period of one year. Three members of the 
Committee shall constitute a quorum. The proceed- 
ings of the Committee shall be secret and confidential 
and a candidate who has been rejected by the Council 
shall be ineligible for Companionship for a space of 
one year from the date of rejection, except by the 
unanimous vote of the Committee. 

The Committee on Companionship shall have the 
power to make By-Laws for its Government and for 
other purposes not inconsistent with the Constitution 
of the Order. 

SECTION XVII. 

EXPULSION OR SUSPENSION. 

Any Companion for cause or conduct detrimental or 
antagonistic to the interests or purposes of the Order, 
or for just cause may be suspended or expelled from 



37 

the Order. But no Companion shall be suspended 
or expelled unless written charges be preferred against 
such Companion to the Council. 

The Council shall give reasonable notice of such 
charges and shall afford such Companion, a reasonable 
opportunity to be heard and to refute the same. 

The Council after hearing such charges may recom- 
mend to the Order the expulsion or suspension of such 
Companion ; and if the recommendation of the Council 
be adopted by a majority vote of the Companions of 
the Order present at the Meeting of the Order at 
whicli such recommendation is presented such Com- 
panions shall be accordingly expelled or suspended and 
the Insignia and Diploma of such Companion shall 
thereupon be returned to and reclaimed by the 
Treasurer of the Order, and all rights of such Com- 
panion therein shall be extinguished or suspended. 
The Treasurer shall refund to the Companion so ex- 
pelled or suspended the amount paid for such Insignia. 

SECTION XVIIT. 

MEETINGS. 

The Annual Meeting of the Order shall be held on 
the second Thursday of December in each year, at the 
City of New York. 

Special and business Meetings may be called by the 
Commander at such times as in his opinion the interests 
of the Order demand the same and must be called by 



38 



the Secretary on the written request of three Com- 
panions. All notices of Meetings shall be sent, at 
least, ten days before the date of Meeting, 

SECTION XIX. 

SERVICE OF NOTICE. 

It shall be the duty of every Companion to inform 
the Secretary by written communication of his place of 
residence and of his post office address, and of every 
change thereof. Service of any notice under the Con- 
stitution and By-Laws of the Order on any Companion 
addressed to his last known place of residence or Post 
Office address enclosed in a post paid wrapper and 
deposited in the mail, shall be a good and sufficient 
service of notice. 

SECTION XX. 

DIPLOMA. 
Companions may receive a diploma as Companions, 
which shall be signed by the Commander, Secretary 
and Registrar. 

SECTION XXI. 

DECEASE OF COMPANIONS. 
Upon the decease of any Companion residing within 
the State of New York, notice thereof and of the time 
and place of the funeral shall be given by the Secre- 
tary by publication, and all Companions who can 
conveniently attend the funeral services shall do so 



39 

and shall wear the Insignia of the Order as provided 
in the Constitution. 

SECTION XXII. 

ORDER OF BUSINESS. 

I — Meeting called to order by Commander. 

2 — Prayer by Chaplain. 

3 — Reading of minutes of previous Meeting. 

4 — Election of Officers and Council when necessary. 

5 — Communications from or Report of Council. 

6 — Reports of Officers. 

7 — Reports of Special Committees. 

8 — Unfinished Business. 

g — Written Communications requiring action of the 
Order. 

10 — Specially noticed Business. 

II — Notices of motion for subsequent Meeting. 

12 — Miscellaneous Business. 

i3_Reading of the Institution of the Order. 

14— Closing prayer by the Chaplain. 

SECTION XXIII. 

RECOMMENDATION OF CANDIDATES. 

No Companion shall approve any application for 
Companionship in this Order unless he shall know the 
candidate to be personally worthy and shall have satis- 
fied himself by due examination of proofs that such 
candidate is eligible, and also shall be satisfied that he 
will, if admitted, be a desirable Companion, 



40 



SECTION XXIV. 
No alteration or amendment of the By-Laws of this 
Order shall be made unless notice thereof shall be 
duly given in writing signed by the Companion pro- 
posing same, at a previous Meeting of the Order, nor 
unless the same shall be adopted at a subsequent 
Meeting held at least thirty days after such notice 
by a vote of two-thirds of the Companions present. 




M/*Y 80 

N. MANCHESTER, 
INDIANA 46962 



